What Is the LHWCA?
The Longshore and Harbor Workers' Compensation Act (LHWCA) provides critical medical and financial protections for maritime employees. Understanding these federal rights is the first step toward recovery after a workplace injury.
Longshore & Harbor Workers' Compensation Explained
A federal system, not a state one
Most injured workers in California go through the state workers' compensation system. Maritime workers usually don't. The LHWCA is a separate federal law, administered by the U.S. Department of Labor's Office of Worker's Compensation Programs, and it operates under its own rules, its own forms, and its own deadlines.
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That difference matters more than people expect. The forms are different. The authorization process is different. And most importantly for your recovery, the rules which treats you are different and considerably more favorable to you.
What the Act pays for
Under the LHWCA you are generally entitled to reasonable and necessary treatment for your work injury. That includes medical and surgical care, hospital treatment, prescription medication, diagnostic testing, physical therapy, prosthetics, hearing aids, attendant care where it's needed, and the cost of traveling to your appointments.
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It also provides wage replacement while you can't work, vocational rehabilitation in some cases, and survivor benefits if a work injury causes a death.
Who pays
Not the government, in most cases. Your employer through their insurance carrier or claims administrator is responsible for your medical treatment and your disability payment. The Department of Labor oversees the system, keeps the records, and steps in when there's a dispute, but the money comes from the employer's side.
The extensions
Congress extended the same law to cover several other groups. Workers covered by an extension get the same benefits and their claims run through the same process. The extensions include the Defense Base Act for civilian contractors working overseas on U.S. government contracts and military bases, the Outer Continental Shelf Lands Act for offshore energy workers, and the Non-Appropriated Fund Instrumentalities Act for certain civilian employees of military exchanges and recreation facilities.Â
Where your claim is handled
The Longshore program runs three districts. The Western District covers California and includes a suboffice in Long Beach, which handles claims from the Los Angeles and Long Beach port complex.Â
Navigating Your Medical Rights
Under the LHWCA, you have the right to choose your own physician. You are not required to see a doctor selected by your employer or insurance carrier. This ensures your medical care is focused solely on your recovery and accurate documentation of your injury.
Have questions about your claim or need a medical evaluation?